Employers Can Decline Qualifying Leave Under the FMLA
September 02, 2014
Congress enacted the Family Medical Leave Act (FMLA) to allow employees to take necessary leave from their jobs for their own or a family member's serious health condition. Congress's intent was to help employees to "balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interest in preserving family integrity ' in a manner that accommodates the legitimate interests of employers." 29 U.S.C. ' 2601.
Prenups
September 02, 2014
With pandemic use of Facebook, Twitter and other online information-sharing tools creating heightened concerns over privacy, more couples are opting to put language into their prenuptial agreements restricting what their future spouse can reveal about them online.
Case Notes
August 02, 2014
Discussion of an interesting case from New York
Workplace Bullying
August 02, 2014
There is currently no law, either at the federal or the state level, targeted to fight workplace bullying. Thus, the laws available to victims of bullying are the traditional protections against harassment and discrimination based on membership in some protected category.
Further Precedent Supporting the Retention of CROs
August 02, 2014
A recent decision in the United States Bankruptcy Court for the Central District of Illinois is part of a growing trend of opinions and orders around the country allowing a debtor to retain a chief restructuring officer (CRO) under sections 105(a) and 363(b) of the Bankruptcy Code, rather than section 327(a) of the Bankruptcy Code.
Immigration Status
August 02, 2014
To provide clarity to employers as to permissible questions that may be posed to prospective employees, the authors list the most common questions that corporate clients ask ' and provide recommendations.
Employee Departures and Data Loss
August 02, 2014
There are numerous ways to lose or fail to identify employee electronically stored information that could reasonably be relevant to litigation or a subpoena, and it seems that new sources appear regularly.
<b><i>Practice Tip:</b></i>Divorce: The Silver Lining
August 02, 2014
Divorce rates are on the rise as the U.S. economy slowly improves and rebounds from the recession. While some may view a rise in divorce as a negative statistic, there is a positive corresponding impact: Separating couples actually help further improve the economy. This applies not only to divorce lawyers' bottom line, but also to the real estate and consumer markets and our labor force.
Imputed Income: A Look at What Courts Find Persuasive
August 02, 2014
In determining spousal maintenance and child support awards, historical and current income do not provide the full picture and, alone, cannot form the basis for support awards. In those cases, courts have the discretion to impute income to one or both of the parties.
